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District of Columbia Motion To Set Aside Protection Order

Category:
Statewide - General
State:
District of Columbia
Control #:
DC-SKU-0205
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Description

Motion To Set Aside Protection Order
A District of Columbia Motion To Set Aside Protection Order is a legal motion that can be filed in the District of Columbia by a party in a domestic case. This motion is used to request that the court vacate or set aside a protection order (such as a restraining order) that was previously issued. The motion must provide the court with a sufficient legal basis to set aside the protection order. There are several types of District of Columbia Motion To Set Aside Protection Order, including motions to set aside a civil protection order, motions to set aside a criminal protection order, motions to set aside a restraining order, and motions to set aside a stay away order.

A District of Columbia Motion To Set Aside Protection Order is a legal motion that can be filed in the District of Columbia by a party in a domestic case. This motion is used to request that the court vacate or set aside a protection order (such as a restraining order) that was previously issued. The motion must provide the court with a sufficient legal basis to set aside the protection order. There are several types of District of Columbia Motion To Set Aside Protection Order, including motions to set aside a civil protection order, motions to set aside a criminal protection order, motions to set aside a restraining order, and motions to set aside a stay away order.

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FAQ

(1) By Written Motion. A respondent may file a written motion to dismiss a petition at any time prior to entry of a civil protection order. If made in writing prior to the entry of a civil protection order, the clerk must schedule the motion for a hearing on the date already set for the trial on the petition.

A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge.

A person who desires to perpetuate testimony regarding any matter that may be cognizable in any court of the United States may file a verified petition in the United States district court in the district of the residence of any expected adverse party.

The United States or the District of Columbia, or an officer or agency thereof, or a State, Territory, Commonwealth or political subdivision thereof, may file an amicus curiae brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court.

All motions and related papers must be on 8-1/2 x 11-inch white paper and signed by the filing party with his or her address and telephone number. See SCR-Civ. 10-I. A motion form can be obtained from the Small Claims Clerk's Office or on the internet at .

D.C. Code § 16-1005(c). The respondent has the right to a hearing to contest the issuance of a CPO. The CPO can only be issued if the court finds that there is ?good cause? to believe that the respondent has committed or threatened to commit a criminal offense against the petitioner. D.C. Code § 16-1005(c).

Any party may file a motion, but when represented by counsel, an individual party may not file a motion or pleading except for a motion to discharge or vacate the appointment of counsel. The Clerk will transmit that motion to counsel of record for that party.

When a party is required or permitted to act within a prescribed period after a paper is served on that party, 5 calendar days are added to the prescribed period unless the paper is delivered on the date of service stated in the proof of service.

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More info

You can file a motion to set aside with the clerk's office. The clerk will give you the form, or you can find it here.You would complete this form, stating the reasons you no longer want the DVPO in place. The Court will not allow you to make an oral motion at your court date to modify a criminal order of protection. Yes. Can the respondent stop the Protection. Order? (B) grounds which, if proved, would be sufficient to prevent the issuance of the civil protection order in whole or in part. How to File a Petition for a Civil Protection Order (CPO) . Before filing this motion, make sure you have solid legal grounds for it. To dismiss a permanent restraining order, you can file a Motion To Renew or Set Aside Protective Order (AOC-CV-313) with the clerk.

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